130.00 Sex offenses; definitions of terms.
The following definitions are applicable to this article:
1. "Sexual intercourse" has its ordinary meaning and occurs upon any
penetration, however slight.
2. "Deviate sexual intercourse" means sexual conduct between persons
not married to each other consisting of contact between the penis and
the anus, the mouth and penis, or the mouth and the vulva.
3. "Sexual contact" means any touching of the sexual or other intimate
parts of a person not married to the actor for the purpose of gratifying
sexual desire of either party. It includes the touching of the actor by
the victim, as well as the touching of the victim by the actor, whether
directly or through clothing.
4. "Female" means any female person who is not married to the actor.
For the purposes of this article "not married" means:
(a) the lack of an existing relationship of husband and wife between
the female and the actor which is recognized by law, or
(b) the existence of the relationship of husband and wife between
the actor and the female which is recognized by law at the time the
actor commits an offense proscribed by this article by means of forcible
compulsion against the female, and the female and actor are living apart
at such time pursuant to a valid and effective:
(i) order issued by a court of competent jurisdiction which by its
terms or in its effect requires such living apart, or
(ii) decree or judgment of separation, or
(iii) written agreement of separation subscribed by them and
acknowledged in the form required to entitle a deed to be recorded which
contains provisions specifically indicating that the actor may be guilty
of the commission of a crime for engaging in conduct which constitutes
an offense proscribed by this article against and without the consent of
5. "Mentally defective" means that a person suffers from a mental
disease or defect which renders him incapable of appraising the nature
of his conduct.
6. "Mentally incapacitated" means that a person is rendered
temporarily incapable of appraising or controlling his conduct owing to
the influence of a narcotic or intoxicating substance administered to
him without his consent, or to any other act committed upon him without
7. "Physically helpless" means that a person is unconscious or for any
other reason is physically unable to communicate unwillingness to an
8. "Forcible compulsion" means to compel by either:
a. use of physical force; or
b. a threat, express or implied, which places a person in fear of
immediate death or physical injury to himself, herself or another
person, or in fear that he, she or another person will immediately be
9. "Foreign object" means any instrument or article which, when
inserted in the vagina, urethra, penis or rectum, is capable of causing
A person is guilty of adultery when he engages in sexual intercourse
with another person at a time when he has a living spouse, or the other
person has a living spouse.
Adultery is a class B misdemeanor.
A person is guilty of incest when he or she marries or engages in
sexual intercourse or deviate sexual intercourse with a person whom he
or she knows to be related to him or her, either legitimately or out of
wedlock, as an ancestor, descendant, brother or sister of either the
whole or the half blood, uncle, aunt, nephew or niece. Incest is a
class E felony.
255.20 Unlawfully procuring a marriage license, bigamy, adultery:
In any prosecution for unlawfully procuring a marriage license,
bigamy, or adultery, it is an affirmative defense that the defendant
acted under a reasonable belief that both he and the other person to the
marriage or prospective marriage or to the sexual intercourse, as the
case may be, were unmarried.
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